1545368 Summons - QUT

Summons

Publish August 31, September 7, 14, 2012

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

CASE TYPE: QUT

COURT FILE NO. 21-CV-12-1228

Terry L. Noble and Judy L. Noble, husband and wife,

Plaintiffs,

vs.

Leander Kellogg and Esther Kellogg, husband and wife; Elizabeth Hubble and Walter Hubble, wife and husband; Lawrence Trisko; Lorenz Trisko and Caroline Trisko, husband and wife; Doris Olson; unknown heirs of Hugo Olson; Truman E. Force and Thelma F. Force, husband and wife; O. G. Gilbert and Julia Faye Gilbert, husband and wife; H. A. Carlson and Florence Carlson, husband and wife; Amelia Robinson, a/k/a Amelia C. Robinson; unknown heirs of Robert J. Robinson; G. A. Carlson and Barbara Carlson, husband and wife; Maurice L. Neault and Kathryn M. Neault, husband and wife; SSI Properties, Inc.; Francis J. Blake and Vannetta M. Blake, husband and wife; Carol Allex and Dennis M. Allex, wife and husband; Wells Fargo Bank, N.A.; Curtis J. Dyrstad and Diane K. Dyrstad, trustees of the Curtis J. Dyrstad Revocable Trust dated April 2, 2010, and Curtis J. Dyrstad and Diane K. Dyrstad, trustees of the Diane K. Dyrstad Revocable Trust dated April 2, 2010; Cottage Grove Resort Association; Blue Spruce Development, Inc.; unknown heirs of Everet Davis; George Ingersoll, a/k/a George W. Ingersoll, and Minnie Ingersoll, husband and wife; Jessie Blakesley; unknown heirs of Willard J. Blakesley; Caroline South, formerly Caroline Davis, and Luther South, wife and husband; Justus O. Kellogg, a/k/a J. O. Kellog, and Ann Eliza Kellog, husband and wife; James H. Prodger and Minnie B. Prodger, husband and wife; Josp. A. Prodger, a/k/a J. A. Prodger and Ida F. Prodger, husband and wife; J. A. Stephenson and Sarah Stephenson, husband and wife; Cora Mitchell and William H. Mitchell, wife and husband; Maud I. Blakesley and B. W. Blakesley, wife and husband; unknown heirs of Agnes Rooney; unknown heirs of Bernard A. Rooney; Roland J. Fernholz and Kathleen Fernholz, husband and wife; Thomas William Saiko; Patricia Ann Chadwick, f/k/a Patricia Ann Saiko; Ryan Fernholz, a/k/a Ryan J. Fernholz; U.S. Bank National Association; and all of the unknown heirs of any of the above-named defendants that may be deceased; and all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein,

Defendants.

THIS SUMMONS IS DIRECTED TO DEFENDANTS.

1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you. The Plaintiffs’ Complaint against you is on file in the office of the Court Administrator of the above-named Court. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:

710 Broadway, P.O. Box 787, Alexandria, MN 56308.

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs’ Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiffs should not be given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiffs everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, The Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.

7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Douglas County, State of Minnesota, legally described as follows:

That part of Government Lot 3, Section 11, Township 127 North, Range 38 West, Douglas County, Minnesota, described as follows:

Commencing at the southeast corner of said Section 11;

thence North 00 degrees 00 minutes 00 seconds East, assumed bearing along the east line of said Section 11, a distance of 1117.79 feet to Point “A”;

thence reversing South 00 degrees 00 minutes 00 seconds East, along said east line of Section 11, a distance of 949.98 feet;

thence South 89 degrees 57 minutes 22 seconds West, along said south line of Lot 3 of BLAKESLEY’S SUBDIVISION, according to the recorded plat thereof, a distance of 647.36 feet to the west line of said Lot 3;

thence North 00 degrees 43 minutes 27 seconds East, along said west line, 134.35 feet to the south line of Lot 2, of said BLAKESLEY’S SUBDIVISION;

thence North 85 degrees 06 minutes 10 seconds West, along said south line of Lot 2, a distance of 297.94 feet to the east line of Lot 5, said BLAKESLEY’S SUBDIVISION;

thence North 00 degrees 09 minutes 14 seconds East, along said east line of Lot 5, a distance of 133.90 feet;

thence North 37 degrees 26 minutes 32 seconds East 444.86 feet;

thence North 23 degrees 39 minutes 23 seconds East 295.91 feet to the easterly extension of the north line of Lot 1, said BLAKESLEY’S SUBDIVISION, said point being the point of beginning of the land to be described;

thence South 89 degrees 56 minutes 46 seconds East, along said easterly extension, 552.96 feet to aforesaid east line of Section 11;

thence North, along said east line of Section 11, a distance of 33.08 feet to aforesaid Point “A”;

thence North 89 degrees 56 minutes 06 seconds West 552.42 feet;

thence North 01 degrees 48 minutes 23 seconds East 40.61 feet;

thence North 83 degrees 55 minutes 20 seconds West 255 feet more or less to the shoreline of Lake Andrew;

thence southwesterly, along said shoreline, 112 feet more or less to aforesaid north line of Lot 1, BLAKESLEY’S SUBDIVISION;

thence South 89 degrees 56 minutes 46 seconds East, along said north line of Lot 1 and its easterly extension, 302 feet more or less to the point of beginning.

The tract contains 0.98 acres more or less.

(Property)

The object of this action is to obtain judgment declaring that the Plaintiffs are the owners of the Property, that it is benefitted by an easement as described in the Complaint; and that the defendants, and each of them, have no interest or estate in said land, nor lien thereof, except as otherwise stated in the Complaint.

Notice is further given that no personal claim is made by Plaintiffs against any of the defendants.

Dated this 27th day of August, 2012.

SWENSON LERVICK

SYVERSON TROSVIG

JACOBSON SCHULTZ, P.A.

By /s/ Gary I. Syverson

Attorneys for Plaintiffs

710 Broadway, P.O. Box 787

Alexandria, MN 56308

(320) 763-3141

Atty. Registration #108133

1545368

Tags: legals